Order Designating Chief Judges and Associate Chief Judges for Administrative Purposes of the Summary Courts

DATE:

June 27, 2018

Attached is a copy of an Order of Chief Justice Donald W. Beatty, dated June 25, 2018, the original of which is filed in our Office. The Order designates Chief Judges and Associate Chief Judges for Administrative Purposes of the Summary Courts. The Order is effective July 1, 2018.

Please note that the last paragraph of the Order requires that, "within two weeks of appointment, all Chief Judges shall reconcile each court bank account from each summary court judge in the County who has court bank accounts and shall report any findings regarding discrepancies to the Office of South Carolina Court Administration."

This Order is being distributed by e-mail only and will also be posted on the Judicial Department’s website at www.sccourts.org. Should you have questions concerning this matter, please do not hesitate to contact me.

RLM/mhb

cc: Chief Justice Donald W. Beatty

2018-06-25-01

The Supreme Court of South Carolina

RE: Chief Judges for Administrative Purposes of the Summary Courts

ORDER

The judges of the magisterial and municipal courts, hereinafter referred to as "summary courts," of South Carolina being a part of the uniform statewide judicial system and pursuant to the provisions of Article V, Section 4, of the South Carolina Constitution,

IT IS ORDERED that the judges of the magisterial courts listed below be designated as Chief Judge or Associate Chief Judge for Administrative Purposes of the Summary Courts in the counties in which they hold office.

Judge C. W. Brownlee
Abbeville County

Judge S. G. Gladden
Associate Chief Judge
Abbeville County

Judge D. H. Williamson
Aiken County

Judge T. L. Carroll
Associate Chief Judge
Aiken County

Judge J. A. Chaney
Allendale County

Judge W. D. Branch, Jr.
Associate Chief Judge
Allendale County

Judge L.C. Dudley-Graham
Anderson County

Judge W. D. Eubanks
Associate Chief Judge
Anderson County

Judge R. C. Threatt
Bamberg County

Judge R. O. Cooper
Barnwell County

Judge J. W. Gantt
Associate Chief Judge
Barnwell County

Judge L. G. Scott
Beaufort County

Judge D. L. Novak
Associate Chief Judge
Beaufort County

Judge E. L. Karesh
Berkeley County

Judge D. M. Stokes
Associate Chief Judge
Berkeley County

Judge D.A. Rickenbaker, Sr.
Calhoun County

Judge L. Linen
Charleston County

Judge T. E. Lynn
Associate Chief Judge
Charleston County

Judge J. K. Wright
Cherokee County

Judge A. C. Underwood
Chester County

Judge D. W. Dyches
Chesterfield County

Judge J. A. Davis
Associate Chief Judge
Chesterfield County

Judge M. N. Frye
Clarendon County

Judge R. C. Locklear
Associate Chief Judge
Clarendon County

Judge E. O. Duffie
Colleton County

Judge S. T. Henderson
Associate Chief Judge
Colleton County

Judge D. B. Curtis
Darlington County

Judge C. L. LaCross
Associate Chief Judge
Darlington County

Judge C. D. Spivey
Dillon County

Judge L. J. Williams
Associate Chief Judge
Dillon County

Judge T. S. Richardson
Dorchester County

Judge K. L. Patton
Associate Chief Judge
Dorchester County

Judge J. A. McLaurin
Edgefield County

Judge B. B. Carpenter
Associate Chief Judge
Edgefield County

Judge M. P. Swearingen
Fairfield County

Judge B. B. Timmons
Florence County

Judge K.B. Cox
Associate Chief Judge
Florence County

Judge I. L. Pyatt
Georgetown County

Judge J. A. Love
Associate Chief Judge
Georgetown County

Judge M. C. Edmonds
Greenville County

Judge M. D. Stokes
Associate Chief Judge
Greenville County

Judge C. R. Johnson
Greenwood County

Judge W. R. Martin
Associate Chief Judge
Greenwood County

Judge C. A. Williams
Hampton County

Judge A. C. Butler
Horry County

Judge C. J. Arakas
Associate Chief Judge
Horry County

Judge D. D. Lynah
Jasper County

Judge C. D. Badgett
Associate Chief Judge
Jasper County

Judge J. E. Davis
Kershaw County

Judge R. M. Todd, Jr.
Associate Chief Judge
Kershaw County

Judge C. L. Mingo
Lancaster County

Judge F. A. Thomas
Associate Chief Judge
Lancaster County

Judge L. W. Inabinet
Laurens County

Judge D. J. Bron
Associate Chief Judge
Laurens County

Judge J. S. Scarborough
Lee County

Judge P. S. Andrews-Brown
Associate Chief Judge
Lee County

Judge R. L. Adams
Lexington County

Judge B. S. Melton
Associate Chief Judge
Lexington County

Judge K. D. Fling
Marion County

Judge C. E. Graham
Associate Chief Judge
Marion County

Judge M. D. Weaver
Marlboro County

Judge J. C. Long
McCormick County

Judge R. C. Halfacre
Newberry County

Judge M. T. Simmons
Oconee County

Judge W. F. Derrick
Associate Chief Judge
Oconee County

Judge R. N. Clariday
Orangeburg County

Judge D. F. Dash
Associate Chief Judge
Orangeburg County

Judge S. M. Gillespie
Pickens County

Judge M. A. Baker
Associate Chief Judge
Pickens County

Judge T. C. Edmond
Richland County

Judge D. M. Coble
Associate Chief Judge
Richland County

Judge J. B. Shults
Saluda County

Judge J. T. Wall
Spartanburg County

Judge C. W. Jones
Associate Chief Judge
Spartanburg County

Judge B. K. Griffin
Sumter County

Judge L. A. Tindal
Associate Chief Judge
Sumter County

Judge D. K. Morrow
Union County

Judge D. F. Williams
Williamsburg County

Judge R. B. Foxworth
Associate Chief Judge
Williamsburg County

Judge J. H. Grayson
York County

Judge C. J. Putman
Associate Chief Judge
York County

A Chief Judge's authority shall include, but not be limited to, the following:

1. Coordinate with the Office of South Carolina Court Administration on all matters pertaining to summary court judges in the county.

2. Coordinate the activities of the summary court judges of the county with other affected persons and/or agencies to ensure cooper­ation and effective judicial service.

3. Establish with the other magistrates of the county a schedule so ar­ranged that a magistrate will be available, in person or on call, in the county to issue warrants and conduct bail proceedings.The bail proceedings schedule shall be in compliance with the provisions of the Order of the Chief Justice dated September 19, 2007, outlining certain bond procedures in those courts.The Chief Judge shall also inform the municipal courts of the details of the county magisterial court schedule in order to ensure the availability of a magistrate to issue warrants and conduct bail proceedings for the municipal courts when the municipal judge is unavailable. However, time after normal business hours and weekends does not constitute unavailability in and of itself.

4. Establish a procedure with all municipal courts within the county whereby they provide the Chief Judge with a monthly bond schedule indicating their availability for bond court.

5. Monitor all summary court judges within the county to ensure compliance with the above-referenced Order dated September 19, 2007. The monitoring shall include, but shall not be limited to, ensuring that: bond hearings are being conducted twice daily; the constitutional and statutory rights of defendants and victims are being upheld; bonds are neither excessive nor limited to cash only; and no irregular practices, as outlined in the above-referenced Order, are occurring.

6. Establish within the county a procedure to ensure that Certificates of Transmittal are completed and the appropriate documents (warrants or other charging papers, checklists, bond forms, and checks for cash bonds received) are attached and transmitted within fifteen (15) days to the appropriate magistrate, municipal judge, or Clerk of Court of General Sessions having jurisdiction over the case.

7. Call a meeting, at least on a quarterly basis, of all summary court judges in the county to formulate uniform procedures in the county summary court system. Require that all summary court judges, who have court bank accounts, bring to the quarterly meetings documentary proof of all monthly reconciliations of those bank accounts since the previous quarterly meeting. A minimum of one municipal judge from each municipality within the county shall be required to attend these meetings.

8. Coordinate the planning of budgets for the magistrates in the county, with those magistrates' input, and appear before the county governing body to present and justify the budget request.

9. Attend schools and meetings for Chief Judges that are called to implement policies and procedures under this and other Orders.

10. Set terms of court, both civil and criminal, when terms are necessary for the disposition of any cases within the jurisdiction of the magisterial court.

11. Provide for the orderly assignments of any case within the jurisdic­tion of the magisterial court to any magistrate of the county, regardless of whether the case is transferred from circuit court or originally filed in the magisterial court.

12. Designate the hours of operation of each magistrate's court office in the county, and designate the hours during which each magistrate shall be present in the office, based upon the number of hours fixed for each magistrate by the county governing body.

13. Collect and review information concerning the age of pending civil and criminal cases from the other magistrates in the county on a quarterly basis to ensure that all civil cases are disposed of within ninety (90) days of filing and that criminal cases are disposed of within sixty (60) days of arrest.

14. When any summary court judge in the county dies, re­tires, is suspended, goes out of office, becomes incapacitated, is unable to perform the duties of their office, and when a successor has not been nominated or qualified, the Chief Judge shall immediately take custody, or provide for the orderly transfer, of all records, to include past and present, civil and criminal docket books, warrant books, receipt books, financial records including official checking account statements and stubs, bank accounts and any funds contained therein, Acts and Joint Resolutions, the Code of Laws, Bench Books, pending and disposed warrants, tickets, NRVC's, and other court records.

15. Ensure that the Office of South Carolina Court Administration is provided written notification of the appointment, retirement, resignation, suspension or death of any summary court judge, whether municipal or magistrate, within the county.

16. Appoint, coordinate, and assign constables throughout the county, in those counties that utilize constables, so as to ensure cooperation and effective judicial service.

17. Establish within the county a procedure with all summary court judges and appropriate public officials to ensure that court-generated revenues are collected, distributed, and reported in an appropriate and timely manner.

18. Monitor all requests for recusals countywide. When all magistrates have recused themselves from a particular case in order to avoid the appearance of impropriety, the Chief Judge shall request from the Chief Justice, by and through Court Administration, a judge from outside of that county be assigned to dispose of the case by order of the Chief Justice.

19. Report to the Office of South Carolina Court Administration any significant or repetitive non-compliance by any summary court judge in the county concerning the Chief Judge's execution of the provisions of this Order.

No order issued by the Chief Judge under the authority of this Order shall be effective unless the order is filed with the Office of South Carolina Court Administration and approved for consistency with statewide administrative policies.

Associate Chief Judges appointed in this Order shall act in the absence or disability of the Chief Judge. They shall also perform administrative duties that are assigned to them by the Chief Judges.

The authority conferred on the Chief Judges and Associate Chief Judges for Administrative Purposes of the Summary Courts by this Order shall become effective on July 1, 2018, and shall continue through December 31, 2018, unless amended or revoked by Order of the Chief Justice.

Within two weeks of appointment, all Chief Judges shall reconcile each court bank account from each summary court judge in the county who has court bank accounts and shall report any findings regarding discrepancies to the Office of South Carolina Court Administration.